Proposed Flood Elevation Determinations, 5480-5484 [E8-1650]

Download as PDF 5480 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules (b) Effective dates. The effective date for the UIC program for Class I, III, IV, and V wells for all lands in Montana, including all Indian country in Montana, and for Class II wells for all Indian country in Montana other than the Fort Peck Indian Reservation, is June 25, 1984. The effective date for the EPAapproved State-administered UIC Class II program for all lands in Montana, except for those in Indian country, is provided in § 147.1350. 5. Subpart JJJ is added to read as follows: (c) Statements of legal authority. Letters to EPA from Sonosky, Chambers, Sachse, Endreson & Perry, dated September 4, 2003 (attaching a June 17, 2002 letter), March 27, 2001, July 19, 1999, March 13, 1995, March 16, 1994, November 4, 1992, July 14, 1989, and April 13, 1989, and letters submitted as part of the Fort Peck Tribes’ application. (d) Program Description. The Program Description submitted as part of the Fort Peck Tribes’ application, and any other materials submitted as part of the application or as a supplement to it. (b) The provisions of Tribal Government Resolution Number 1106–92–6, adopted June 22, 1992, insofar as this resolution prohibits injection by Class II wells into the Judith River formation. Subpart JJJ—Assiniboine and Sioux Tribes Appendix A to Subpart JJJ of Part 147— Fort Peck Tribal Requirements Incorporated by Reference in Subpart JJJ of Part 147 of the Code of Federal Regulations 44 CFR Part 67 The following is an informational listing of Fort Peck Tribal requirements incorporated by reference in Subpart JJJ of part 147 of the Code of Federal Regulations: AGENCY: Fort Peck Assiniboine and Sioux Tribes SUMMARY: Comments are requested on the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before April 29, 2008. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community are available for inspection at the community’s map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA–B–7760, to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151, or (e-mail) bill.blanton@dhs.gov. yshivers on PROD1PC62 with PROPOSALS § 147.3200 Fort Peck Indian Reservation: Assiniboine & Sioux Tribes—Class II wells. The UIC program for Class II injection wells on all lands within the exterior boundaries of the Fort Peck Indian Reservation is the program administered by the Assiniboine and Sioux (Fort Peck) Tribes approved by EPA pursuant to section 1425 of the SDWA. Notice of this approval was published in the Federal Register on [DATE OF FINAL RULE PUBLICATION]; the effective date of this program is [DATE OF FINAL RULE PUBLICATION]. This program consists of the following elements as submitted to EPA in the Fort Peck Tribes’ program application: (a) Incorporation by Reference. The requirements set forth in the Fort Peck Tribes’ statutes, regulations, and resolutions cited in this paragraph are hereby incorporated by reference and made part of the applicable UIC program under the SDWA for the Fort Peck Indian Reservation. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained or inspected at the Fort Peck Tribal Offices, 605 Indian Avenue, Poplar, Montana 59255, at the Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. (1) Tribal Code. Provisions of the Tribal Code listed in Appendix A to this Subpart. (2) Tribal Government Resolution No. 1106–92–6. (b) Memorandum of Agreement (MOA). The MOA between EPA and the Fort Peck Tribes signed by EPA on July 31, 2007. VerDate Aug<31>2005 11:39 Jan 29, 2008 Jkt 214001 (a) The statutory provisions include portions of the following insofar as they pertain to Class II injection wells: Fort Peck Assiniboine and Sioux Tribal Underground Injection Control Code, adopted June 1999, Title 18: Chapter 1. General Provisions Section 101. Purposes. Section 102. Administration. Section 103. Regulations, Criteria, and Standards. Section 104. Definitions. Section 105. Application. Chapter 2. General Underground Injection Control Program Requirements Section 201. Introduction. Section 202. Requirements. Chapter 3. Underground Injection Control Permit Requirements Section 301. Introduction. Section 302. Requirements. Chapter 4. UIC Permitting Procedures Section 401. Introduction. Section 402. Requirements. Chapter 5. UIC Technical Criteria and Standards Section 501. Introduction. Section 502. Requirements. Section 503. Additional Requirements. Chapter 6. Enforcement Section 601. Requirements for Compliance Evaluation Programs. Section 602. Administrative Enforcement. Section 603. Administrative Penalties. Section 604. Civil Penalties. Section 605. Criminal Violations. Section 606. Judicial Relief. Section 607. Public Participation in Office of Environmental Protection Enforcement Process. Chapter 7. Appeals Section 701. Judicial Review. Chapter 8. Public Hearings Section 801. Public Hearings. Chapter 9. Miscellaneous Section 901. Savings. Section 902. Effective Date. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 [FR Doc. E8–1667 Filed 1–29–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket No. FEMA–B–7760] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, E:\FR\FM\30JAP1.SGM 30JAP1 5481 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151, or (e-mail) bill.blanton@dhs.gov. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are State made final, and for the contents in these buildings. Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent. Administrative Procedure Act Statement. This matter is not a rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 553. FEMA publishes flood elevation determinations for notice and comment; however, they are governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and do not fall under the APA. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Executive Order 12866, Regulatory Planning and Review. This proposed City/town/county Source of flooding rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location** Existing Modified Unincorporated Areas of Sutter County, California California ............. California ............. California ............. Unincorporated County. Unincorporated County. Unincorporated County. Areas Areas Areas of of of Sutter Sutter Sutter East Side Canal North King Slough. *38 *40 *39 *40 *39 *40 1600 feet upstream of the confluence of North King Slough. Confluence with King Slough .......... King Slough ........ Downstream source of the East Side Canal. 1500 feet downstream of Catlett Road. Confluence with East Side Canal ... *39 *40 *39 *40 *39 *40 yshivers on PROD1PC62 with PROPOSALS 3200 feet upstream of the confluence with King Slough. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Sutter County Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993. VerDate Aug<31>2005 11:39 Jan 29, 2008 Jkt 214001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\30JAP1.SGM 30JAP1 5482 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation** Effective Communities affected Modified Clatsop County, Oregon, and Incorporated Areas Columbia River ..................... Lewis & Clark River .............. Youngs River ........................ Approximately at Warrenton-Astoria south of Astoria Regional Airport. Alt Highway +9 +12 Approximately 600 feet upstream of SE Anchor Road, West of Burlington Northern railroad. Approximately 1⁄2 mile downstream of confluence with Heckard Creek, east of Lewis & Clark River. Approximately at confluence with Heckard Creek, east of Lewis & Clark River. Approximately 500 feet south of confluence with Battle Creek Slough. Approximately at intersection of Wireless Road & Hwy 101 Business. +9 +12 +9 +12 +9 +13 +7 +12 +9 Unincorporated Areas of Clatsop County, City of Warrenton. +12 Unincorporated Areas of Clatsop County. Unincorporated Areas of Clatsop County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472. ADDRESSES City of Warrenton Maps are available for inspection at 225 South Main Street, Warrenton, OR 97146. Unincorporated Areas of Clatsop County Maps are available for inspection at 800 Exchange Street, Astoria, OR 97103. Perry County, Pennsylvania, and Incorporated Areas Juniata River ......................... Little Buffalo Creek ............... Losh Run ............................... Losh Run ............................... Raccoon Creek ..................... yshivers on PROD1PC62 with PROPOSALS Sugar Run ............................. Approximately 8,820 feet downstream of State Highway 17 (Sunbury Street). Approximately 5,420 feet upstream of State Highway 17 (Sunbury Street). Approximately 5,200 feet upstream of State Route 4010. Approximately 5,340 feet upstream of State Route 4010. Approximately 410 feet downstream of Conrail Railroad. Approximately 930 feet upstream of Conrail Railroad Approximately 495 feet downstream of Conrail Railroad. Approximately 880 feet upstream of Conrail Railroad Approximately 30 feet downstream of Local Route 50024. Approximately 1,150 feet upstream of Local Route 50024. Approximately 605 feet downstream of Hill Road (T– 432). Approximately 330 feet upstream of Hill Road (T–432) None +402 Township of Tuscarora. None +408 None +428 None +428 None +369 Township of Miller. None None +369 +369 Township of Wheatfield. None None +369 +405 Township of Tuscarora. None +405 None +404 None +404 Township of Juniata. Township of Tuscarora. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Township of Juniata Maps are available for inspection at 16 Milford Rd, Newport, PA 17074. Township of Miller Maps are available for inspection at 55410 Limekiln Lane, Duncannon, PA 17020. Township of Tuscarora VerDate Aug<31>2005 11:39 Jan 29, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\30JAP1.SGM 30JAP1 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground Location of referenced elevation** Effective 5483 Communities affected Modified Maps are available for inspection at 72 Cementery Rd, Millerstown, PA 17062. Township of Wheatfield Maps are available for inspection at Rt. 274, New Bloomfield Road, New Bloomfield, PA 17068. Hanover County, Virginia, and Incorporated Areas Beaverdam Creek ................. Little River ............................. Approximately 384 feet downstream of Old State Route 156. Approximately 6,450 feet upstream of the Woodbridge Road. Approximately 1,260 feet upstream of the confluence with North Anna River. Approximately 1,344 feet upstream of the confluence with North Anna River. At approximately 2,800 feet downstream of River Road. Approximately at New Britton Road ............................. Approximately 643 feet upstream from the confluence with Stony Run. Approximately at Design Road ..................................... Approximately at State Route 688 (Doswell Road) ..... None *218 Mechumps Creek .................. Approximately 7,000 feet upstream from the confluence with Locust Creek. Approximately 3,258 feet upstream of Route 301 ....... *51 *50 North Anna River .................. Approximately at Route 1 ............................................. Approximately 3.4 miles upstream of Route 1 ............. None None *211 *104 None *201 None *11 None *60 South Anna Creek ................ Approximately 3,015 feet upstream from Greek Bay Road. Approximately 860 feet downstream of the confluence with Whitting Swamp. Approximately at the confluence with North Anna Creek and South Anna Creek. Approximately at State Route 54 ................................. None *110 None *214 Stony Run ............................. Approximately 10,750 feet upstream of the confluence with Turkey Creek. Approximately 50 feet upstream of Route 682 ............ *132 *131 Approximately at Elmont Road ..................................... Approximately 2,000 feet downstream of the River Road. Approximately at Sliding Hill Road ............................... Approximately 580 feet upstream of the confluence with Beaverdam Creek. Approximately 1,474 feet upstream of the confluence with Beaverdam Creek. None None *220 *28 None None *173 *140 None *140 Bull Run ................................ Crump Creek ......................... Lickinghole Creek ................. Pamunkey River .................... Totopotomoy River ................ yshivers on PROD1PC62 with PROPOSALS Tributary to Beaverdam Creek. *92 *91 *152 *151 *74 *75 *74 *75 None *39 None None *191 *126 None None *220 *95 Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Town of Ashland, Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Town of Ashland, Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. Unincorporated Areas of Hanover County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Ashland Maps are available for inspection at 101 Thompson Street, Ashland, VA 23005. Unincorporated Areas of Hanover County Maps are available for inspection at Department of Public Works, 7497 County Complex Road, Government Administration Building H, Hanover, VA 23069. VerDate Aug<31>2005 11:39 Jan 29, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\30JAP1.SGM 30JAP1 5484 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Proposed Rules (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: January 22, 2008. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–1650 Filed 1–29–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2008–0015] RIN 2127–AG51 Federal Motor Vehicle Safety Standards; Roof Crush Resistance National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Supplemental notice of proposed rulemaking (SNPRM). yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: This document supplements NHTSA’s August 2005 proposal to upgrade the Federal motor vehicle safety standard on roof crush resistance. We issued that proposal as part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes. In this document, we ask for public comment on a number of issues that may affect the content of the final rule, including possible variations in the proposed requirements. We are also announcing the release of the results of various vehicle tests conducted since the proposal and are inviting comments on how the agency should factor this new information into its final rule. DATES: Comments must be received on or before March 17, 2008. ADDRESSES: You may submit comments to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility, M–30, U.S. Department of Transportation, West Building, Ground Floor, Rm. W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between VerDate Aug<31>2005 11:39 Jan 29, 2008 Jkt 214001 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Regardless of how you submit your comments, you should mention the docket number of this document. You may call the Docket Management Facility at 202–366–9826. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Privacy Act: Please see the Privacy Act heading under Rulemaking Analyses and Notices. FOR FURTHER INFORMATION CONTACT: For technical issues: Mr. Christopher Wiacek, Office of Rulemaking, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366–4801. For legal issues: Mr. Edward Glancy, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366–2992. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction A. Overview of Standard 216 B. Target Population of Standard 216 C. Summary of 2005 Proposal D. Purpose of this SNPRM II. Release of Vehicle Test Results A. Single-Sided Tests B. Two-Sided Tests III. Discussion A. Pass/Fail Rate of the Vehicle Fleet B. Impact of Electronic Stability Control Safety Standard on Potential Benefits C. Revised Cost and Weight Estimates D. Two-Sided Testing Implications E. Other Factors IV. Comments Sought V. Public Participation VI. Rulemaking Analyses and Notices VII. Proposed Regulatory Text I. Introduction On August 23, 2005, NHTSA published in the Federal Register (70 FR 49223) a notice of proposed rulemaking (NPRM) to upgrade Federal Motor Vehicle Safety Standard (FMVSS) No. 216, Roof Crush Resistance.1 As discussed in the NPRM, this ongoing rulemaking is part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes. In 1 Docket PO 00000 No. NHTSA–2005–22143. Frm 00025 Fmt 4702 Sfmt 4702 addition to roof crush, other strategies in the comprehensive approach include crash-avoidance initiatives such as electronic stability control which will significantly reduce the number of rollovers, as well as crashworthiness efforts such as ejection mitigation and improved door lock strength which will lower the probability of ejection when rollovers do occur. A. Overview of Standard 216 FMVSS No. 216 seeks to reduce deaths and serious injuries resulting from the roof being crushed and pushed into the occupant compartment when the roof strikes the ground during rollover crashes. The standard currently applies to passenger cars, and to multipurpose passenger vehicles, trucks and buses with a GVWR of 2,722 kilograms (6,000 pounds) or less. The standard requires that when a large steel test plate (sometimes referred to as a platen) is placed in contact with the roof of a vehicle and then pressed downward, simulating contact of the roof with the ground during a rollover crash, with steadily increasing force until a force equivalent to 1.5 times the unloaded weight of the vehicle is reached, the distance that the test plate has moved from the point of contact must not exceed 127 mm (5 inches). The criterion of the test plate not being permitted to move more than a specified amount is sometimes referred to as the ‘‘platen travel’’ criterion. Under S5 of the standard, the application of force is limited to 22,240 Newtons (5,000 pounds) for passenger cars, even if the unloaded weight of the car times 1.5 is greater than that amount. B. Target Population of Standard 216 Due to the complex nature of a rollover event and the particularlized effect of each element of the comprehensive and systematic approach taken by the agency to address these crashes, each element addresses a specific segment of the total rollover problem. Table 1 below shows the target population that could potentially benefit from roof crush improvements.2 The target population for all light vehicles is stratified by injury severity. The table demonstrates how the final target population is derived from the broad category of rollovers by 2 The target population reflects a very minimal incorporation of ESC in the vehicle fleet. As discussed later in this SNPRM, the final regulatory analysis will be adjusted to reflect full incorporation of ESC into the vehicle fleet. ESC will significantly reduce the number of rollover fatalities, and further reduce the roof crush target population. E:\FR\FM\30JAP1.SGM 30JAP1

Agencies

[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Proposed Rules]
[Pages 5480-5484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1650]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7760]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the 
communities listed in the table below. The purpose of this notice is to 
seek general information and comment regarding the proposed regulatory 
flood elevations for the reach described by the downstream and upstream 
locations in the table below. The BFEs and modified BFEs are a part of 
the floodplain management measures that the community is required 
either to adopt or show evidence of having in effect in order to 
qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP). In addition, these elevations, once 
finalized, will be used by insurance agents, and others to calculate 
appropriate flood insurance premium rates for new buildings and the 
contents in those buildings.

DATES: Comments are to be submitted on or before April 29, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-7760, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
bill.blanton@dhs.gov.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,

[[Page 5481]]

Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-3151, or (e-mail) bill.blanton@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) proposes to make determinations of BFEs and modified BFEs for 
each community listed below, in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain 
management criteria required by 44 CFR 60.3, are the minimum that are 
required. They should not be construed to mean that the community must 
change any existing ordinances that are more stringent in their 
floodplain management requirements. The community may at any time enact 
stricter requirements of its own, or pursuant to policies established 
by other Federal, State, or regional entities. These proposed 
elevations are used to meet the floodplain management requirements of 
the NFIP and are also used to calculate the appropriate flood insurance 
premium rates for new buildings built after these elevations are made 
final, and for the contents in these buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other 
than the proposed BFEs, will be considered. A letter acknowledging 
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a 
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 
553. FEMA publishes flood elevation determinations for notice and 
comment; however, they are governed by the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule 
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp., p. 376.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                           * Elevation in feet
                                                                                          (NGVD) + Elevation in
                                                                                          feet (NAVD) 
             State               City/town/county      Source of         Location**        Depth in feet above
                                                        flooding                                 ground
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
                                Unincorporated Areas of Sutter County, California
----------------------------------------------------------------------------------------------------------------
California....................  Unincorporated     East Side Canal..  Downstream                *38          *40
                                 Areas of Sutter                       source of the
                                 County.                               East Side Canal.
                                                                      1500 feet                 *39          *40
                                                                       downstream of
                                                                       Catlett Road.
California....................  Unincorporated     King Slough......  Confluence with           *39          *40
                                 Areas of Sutter                       East Side Canal.
                                 County.
                                                                      1600 feet                 *39          *40
                                                                       upstream of the
                                                                       confluence of
                                                                       North King
                                                                       Slough.
California....................  Unincorporated     North King Slough  Confluence with           *39          *40
                                 Areas of Sutter                       King Slough.
                                 County.
                                                                      3200 feet                 *39          *40
                                                                       upstream of the
                                                                       confluence with
                                                                       King Slough.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
 Depth in feet above ground.
+ North American Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
 Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
                                     Unincorporated Areas of Sutter County
Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba
 City, CA 95993.
----------------------------------------------------------------------------------------------------------------


[[Page 5482]]


----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD) 
         Flooding source(s)            Location of referenced     Depth in feet above      Communities affected
                                            elevation**                 ground
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Clatsop County, Oregon, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Columbia River......................  Approximately at                  +9          +12  Unincorporated Areas of
                                       Warrenton-Astoria Alt                              Clatsop County, City
                                       Highway south of                                   of Warrenton.
                                       Astoria Regional
                                       Airport.
                                      Approximately 600 feet            +9          +12
                                       upstream of SE Anchor
                                       Road, West of
                                       Burlington Northern
                                       railroad.
Lewis & Clark River.................  Approximately \1/2\               +9          +12  Unincorporated Areas of
                                       mile downstream of                                 Clatsop County.
                                       confluence with
                                       Heckard Creek, east of
                                       Lewis & Clark River.
                                      Approximately at                  +9          +13
                                       confluence with
                                       Heckard Creek, east of
                                       Lewis & Clark River.
Youngs River........................  Approximately 500 feet            +7          +12  Unincorporated Areas of
                                       south of confluence                                Clatsop County.
                                       with Battle Creek
                                       Slough.
                                      Approximately at                  +9          +12
                                       intersection of
                                       Wireless Road & Hwy
                                       101 Business.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
City of Warrenton
Maps are available for inspection at 225 South Main Street, Warrenton, OR 97146.
 
                                     Unincorporated Areas of Clatsop County
 
Maps are available for inspection at 800 Exchange Street, Astoria, OR 97103.
----------------------------------------------------------------------------------------------------------------
                               Perry County, Pennsylvania, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Juniata River.......................  Approximately 8,820             None         +402  Township of Tuscarora.
                                       feet downstream of
                                       State Highway 17
                                       (Sunbury Street).
                                      Approximately 5,420             None         +408
                                       feet upstream of State
                                       Highway 17 (Sunbury
                                       Street).
Little Buffalo Creek................  Approximately 5,200             None         +428  Township of Juniata.
                                       feet upstream of State
                                       Route 4010.
                                      Approximately 5,340             None         +428
                                       feet upstream of State
                                       Route 4010.
Losh Run............................  Approximately 410 feet          None         +369  Township of Miller.
                                       downstream of Conrail
                                       Railroad.
                                      Approximately 930 feet          None         +369
                                       upstream of Conrail
                                       Railroad.
Losh Run............................  Approximately 495 feet          None         +369  Township of Wheatfield.
                                       downstream of Conrail
                                       Railroad.
                                      Approximately 880 feet          None         +369
                                       upstream of Conrail
                                       Railroad.
Raccoon Creek.......................  Approximately 30 feet           None         +405  Township of Tuscarora.
                                       downstream of Local
                                       Route 50024.
                                      Approximately 1,150             None         +405
                                       feet upstream of Local
                                       Route 50024.
Sugar Run...........................  Approximately 605 feet          None         +404  Township of Tuscarora.
                                       downstream of Hill
                                       Road (T-432).
                                      Approximately 330 feet          None         +404
                                       upstream of Hill Road
                                       (T-432).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
 
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
 
Township of Juniata
Maps are available for inspection at 16 Milford Rd, Newport, PA 17074.
 
Township of Miller
Maps are available for inspection at 55410 Limekiln Lane, Duncannon, PA 17020.
 
Township of Tuscarora

[[Page 5483]]

 
Maps are available for inspection at 72 Cementery Rd, Millerstown, PA 17062.
 
Township of Wheatfield
Maps are available for inspection at Rt. 274, New Bloomfield Road, New Bloomfield, PA 17068.
----------------------------------------------------------------------------------------------------------------
                                Hanover County, Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Beaverdam Creek.....................  Approximately 384 feet           *92          *91  Unincorporated Areas of
                                       downstream of Old                                  Hanover County.
                                       State Route 156.
                                      Approximately 6,450             *152         *151
                                       feet upstream of the
                                       Woodbridge Road.
Bull Run............................  Approximately 1,260              *74          *75  Unincorporated Areas of
                                       feet upstream of the                               Hanover County.
                                       confluence with North
                                       Anna River.
                                      Approximately 1,344              *74          *75
                                       feet upstream of the
                                       confluence with North
                                       Anna River.
Crump Creek.........................  At approximately 2,800          None          *39  Unincorporated Areas of
                                       feet downstream of                                 Hanover County.
                                       River Road.
                                      Approximately at New            None         *191
                                       Britton Road.
Lickinghole Creek...................  Approximately 643 feet          None         *126  Unincorporated Areas of
                                       upstream from the                                  Hanover County.
                                       confluence with Stony
                                       Run.
                                      Approximately at Design         None         *220
                                       Road.
Little River........................  Approximately at State          None          *95  Unincorporated Areas of
                                       Route 688 (Doswell                                 Hanover County.
                                       Road).
                                      Approximately 7,000             None         *218
                                       feet upstream from the
                                       confluence with Locust
                                       Creek.
Mechumps Creek......................  Approximately 3,258              *51          *50  Town of Ashland,
                                       feet upstream of Route                             Unincorporated Areas
                                       301.                                               of Hanover County.
                                      Approximately at Route          None         *211
                                       1.
North Anna River....................  Approximately 3.4 miles         None         *104  Unincorporated Areas of
                                       upstream of Route 1.                               Hanover County.
                                      Approximately 3,015             None         *201
                                       feet upstream from
                                       Greek Bay Road.
Pamunkey River......................  Approximately 860 feet          None          *11  Unincorporated Areas of
                                       downstream of the                                  Hanover County.
                                       confluence with
                                       Whitting Swamp.
                                      Approximately at the            None          *60
                                       confluence with North
                                       Anna Creek and South
                                       Anna Creek.
South Anna Creek....................  Approximately at State          None         *110  Unincorporated Areas of
                                       Route 54.                                          Hanover County.
                                      Approximately 10,750            None         *214
                                       feet upstream of the
                                       confluence with Turkey
                                       Creek.
Stony Run...........................  Approximately 50 feet           *132         *131  Town of Ashland,
                                       upstream of Route 682.                             Unincorporated Areas
                                                                                          of Hanover County.
                                      Approximately at Elmont         None         *220
                                       Road.
Totopotomoy River...................  Approximately 2,000             None          *28  Unincorporated Areas of
                                       feet downstream of the                             Hanover County.
                                       River Road.
                                      Approximately at                None         *173
                                       Sliding Hill Road.
Tributary to Beaverdam Creek........  Approximately 580 feet          None         *140  Unincorporated Areas of
                                       upstream of the                                    Hanover County.
                                       confluence with
                                       Beaverdam Creek.
                                      Approximately 1,474             None         *140
                                       feet upstream of the
                                       confluence with
                                       Beaverdam Creek.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
 
                                                    ADDRESSES
Town of Ashland
Maps are available for inspection at 101 Thompson Street, Ashland, VA 23005.
 
                                     Unincorporated Areas of Hanover County
 
Maps are available for inspection at Department of Public Works, 7497 County Complex Road, Government
 Administration Building H, Hanover, VA 23069.
----------------------------------------------------------------------------------------------------------------


[[Page 5484]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: January 22, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E8-1650 Filed 1-29-08; 8:45 am]
BILLING CODE 9110-12-P
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